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Employment Contract Review and Negotiation

Employment Agreement Negotiation

What It Is

An employment agreement negotiation is the process of discussing and agreeing to the terms and conditions of your job before you start — or when your role, pay, or responsibilities change. Every employee in New Zealand must have a written employment agreement, whether they are permanent, fixed-term, part-time, or casual. Negotiation ensures that your rights, pay, hours, duties, and entitlements are fair, lawful, and transparent.

Our advocates help employees understand, review, and negotiate agreements — ensuring compliance with the Employment Relations Act 2000 (ERA 2000), Holidays Act 2003, Minimum Wage Act 1983, and Human Rights Act 1993.

Your Rights and the Law

  • ERA 2000 s 63A–s 64 — All employees must be offered a written employment agreement before starting work.
  • ERA 2000 s 65(1) — The agreement must include terms covering pay, hours, duties, holidays, and the process for resolving employment problems.
  • ERA 2000 s 4(1A)(b) — Employers must act in good faith during bargaining, ensuring openness and genuine negotiation.
  • Holidays Act 2003 s 16–71 — Sets minimum annual-leave, sick-leave, and public-holiday entitlements that cannot be contracted out of.
  • Minimum Wage Act 1983 s 6 — Ensures minimum hourly pay regardless of what’s written in the contract.
  • Human Rights Act 1993 s 22 — Prohibits discrimination in employment terms, including pay and conditions.

Common Negotiation Issues

  • Unclear or missing job descriptions.
  • Pay rates below the minimum wage or market standard.
  • Unlawful clauses restricting secondary employment.
  • Fixed-term clauses without a genuine reason.
  • Broad or unfair disciplinary or performance clauses.
  • Trial or probation periods not compliant with ERA s 67A–67B.
  • Unclear expectations around overtime, break, or leave entitlements.

Process (How It Generally Works)

  1. Document Review – Our advocate reviews your draft employment agreement for compliance with the ERA 2000 and other statutes.
  2. Identify Issues – We highlight clauses that are unlawful, ambiguous, or disadvantageous.
  3. Negotiate with Employer – We communicate on your behalf or coach you on reasonable counter-offers (e.g., salary, hours, flexibility).
  4. Amend and Approve – Final adjustments are made, and the signed agreement is stored securely for your records.
  5. Post-Agreement Support – We can also review later variations or performance clauses to ensure ongoing compliance.

Potential Outcomes / Benefits

  • Fair and lawful contract reflecting your true role and pay.
  • Improved terms on salary, hours, or flexibility.
  • Protection from future disputes by clarifying ambiguous clauses.
  • Confidence that your rights under the ERA 2000 and related Acts are protected.
  • Reduced risk of exploitation or disadvantage.

Take Action Today

Before signing or renewing your employment agreement, ensure your rights are protected and every clause complies with the law. Get in touch with us to arrange a no-obligation consultation about your situation. Our advocates will review your contract, explain your rights in plain language, and negotiate fairer terms on your behalf — ensuring you start work on a strong, lawful foundation.